January 26, 2016

Student Conduct Appeals

A full description of the student conduct appeals process can be found in the Student Conduct Code in the Discipline Process for Individuals section.

A student may appeal a Hearing Officer’s decision. In cases where an impacted party has been identified by a Hearing Officer, that individual also has a right to appeal the decision. An appeal must be submitted online within ten (10) business days after the Hearing Officer’s decision is sent. Appeals submitted by another party on a student’s behalf will only be accepted when a student acknowledges that the appeal represents their position. Once an appeal is submitted it is reviewed by the Chair of the Appeal Committee. A Hearing Officer’s decision is considered final if an appeal is not submitted within the specified time. While an appeal is pending, the Respondent must comply with all sanctions and restrictions from the Hearing Officer’s decision, unless otherwise specified by the Hearing Officer.

An appeal is limited to a review of the record of the hearing and supporting information that was evaluated in the decision making process. New information will only be considered if the Chair determines that the information was not available at the time of the hearing. The appeal will only be granted on one or more of the following grounds:

  • The hearing was not conducted fairly, giving the Respondent and any identified impacted party the opportunity to present relevant information. Minor deviations from designated procedures will not be a basis for supporting an appeal unless there is an adverse effect on the outcome of the hearing.
  • The information presented in the case, if believed by the Hearing Officer, was insufficient to establish that a violation of the Student Conduct Code occurred.
  • The sanction(s) imposed were not appropriate based on totality of the circumstances.
  • There is new information not available at the time of the original hearing that may be relevant to the final decision.

The Chair of the Appeal Committee will review the appeal and the record of the hearing to determine one of the following actions:

  • Deny the appeal.
  • Send the appeal to the Director of the Student Resolution Center (or designee) to review the record of the case, make any necessary modifications and render a final decision. When the Director served as the original Hearing Officer, the Chair of the Appeal Committee will send the appeal to the Dean of Students (or designee) to review the record of the case, make any necessary modifications and render a final decision.
  • Grant the appeal and convene the Appeal Committee to review the record of the case. New information will be considered at this time.

An Appeal Committee is comprised of a faculty Chair, two additional faculty members and two students that are selected from a pool of individuals who have been appointed by the Associated Students of Colorado State University (ASCSU) and Faculty Council. When an appeal is granted, a list of Appeal Committee members is provided to the Respondent and any impacted party. If the Respondent or impacted party believes there’s a conflict of interest and provides rationale to the Chair of the Appeal Committee, they may request the removal of a member. The Chair decides whether sufficient reason exists to remove a member. Members of the Appeal Committee are expected to recuse themselves if they have a conflict of interest. If the Chair of the Appeal Committee recuses themselves, has an identified conflict of interest or is unavailable within a reasonable period, the Director, or designee, will appoint another faculty member to serve in their role as Chair. When a member is removed, they will be replaced by another representative from the pool. In all cases involving sexual misconduct or sexual harassment, the Director of Equal Opportunity (or designee) will participate, as a non-voting member, in all deliberations of the Appeal Committee and may participate in other cases.

The Appeal Committee, upon conclusion of its review, will do one of the following:

  • Affirm the findings of responsibility and sanctions. Decisions affirmed by the Appeal Committee are final. Written notification will be provided to the Respondent and any impacted party.
  • Affirm the findings of responsibility and return the case to the original Hearing Officer or Director of the Student Resolution Center (or their designee) with recommendations to modify the sanctions. Decisions made after review of the recommendations are final and written notification will be provided to the Respondent and any impacted party.
  • Recommend reversal of the findings of responsibility if the Appeal Committee disagrees with the Hearing Officer’s evaluation of information in the record and does not believe sufficient information exists to support a violation of the Student Conduct If the Appeal

Committee recommends a reversal, the Chair will submit a recommendation in writing, as follows:

  • In all cases involving suspension or expulsion from the University (whether imposed by the original Hearing Officer or recommended by the Appeal Committee after review), the Chair of the Appeal Committee will make a recommendation in writing to the Vice Provost for Faculty Affairs and the Vice President of Student Affairs for a final decisio
  • In all cases involving any form of sexual misconduct or sexual harassment, the Chair of the Appeal Committee will make a recommendation in writing to the Vice Provost for Faculty Affairs and Vice President of Student Affairs, who may also consult with the Director of Equal Opportunity for a final decisio
  • In all other cases involving individual student violations of the Conduct Code, the Chair of the Appeal Committee will make a recommendation in writing to the Dean of Students (or designee) who will make a final decisio

If the Vice Provost for Faculty Affairs and Vice President of Student Affairs are unable to agree   on the action to be taken, the decision will be referred to the Executive Vice President/Provost for final action.

A student organization may appeal the decisions made by the All University Hearing Board (AUHB) or a Hearing Officer. In cases where an impacted party has been identified by a Hearing Officer that individual also has a right to appeal the decision. An appeal must be submitted online within ten (10) business days after the decision is sent.

The Director of the Student Resolution Center (or designee) serves as the Appellate Officer for review of decisions made by the AUHB or a Hearing Officer. If the Director serves as the original Hearing Officer, the Vice President of Student Affairs will appoint a three person committee to consider the appeal. The committee will then make recommendations to the Vice President of Student Affairs, who will make the final decision regarding the appeal. A Hearing Officer’s decision is considered final if an appeal is not submitted within the specified time. While an appeal is pending, the student organization must comply with all sanctions and restrictions from the decision unless otherwise specified by the Hearing Officer or AUHB.

An appeal is limited to a review of the record of the hearing and supporting information that was evaluated in the decision making process. New information will only be considered if the Director or committee determines that the information was not available at the time of the original hearing.

The appeal request may be granted based on one or more of the following grounds:

  • The original hearing was not conducted fairly, or did not give the respondent organization or impacted party the opportunity to present relevant informatio
  • The decision was not based on substantial and sufficient informatio
  • The sanction(s) imposed were not appropriate based on the totality of the circumstan
  • There is new information not available at the time of the original hearing that may be relevant to the final decisio

After reviewing the appeal, the Director of the Student Resolution Center (or designee) or the Vice President of Student Affairs will take one of these actions:

  • Deny the appea Grant the appeal to review the record of the case. New information will be considered at this time. While the case is being re-considered, the student organization must continue to abide by any stated conditions imposed by the original Hearing Officer or AUHB.
  • The Director of the Student Resolution Center (or designee) may make one of the following decisions:
  • Affirm the decision.
  • Reverse the decision.
  • Amend the decision to clarify sanctions or offer additional resources to support the Respondent student organization.
  • The Director (or designee) will communicate the decision to the student organization in writing which will be considered the final outcome. Grant the appeal to review the record of the ca New information will be considered at this time. While the case is being re-considered, the student organization must continue to abide by any stated conditions imposed by the original Hearing Officer or AUHB.

The Director of the Student Resolution Center (or designee) may make one of the following decisions:

  • Affirm the decisio
  • Reverse the decisio
  • Amend the decision to clarify sanctions or offer additional resources to support the Respondent student organizatio

The Director (or designee) will communicate the decision to the student organization in writing which will be considered the final outcome.

Submit your appeal online by 5:00 pm (MT) within 10 business days of the date of your hearing outcome letter.

If you want more information on the student conduct appeals process or assistance in submitting an appeal, you can request an appointment from Conflict Resolution Services.